HBA-NMO, GUM H.B. 3083 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3083 By: Telford Public Health 8/10/1999 Enrolled BACKGROUND AND PURPOSE In 1996, the Texas State Board of Medical Examiners prohibited a health care provider or practitioner in Texas from carrying out the orders of a physician located outside Texas unless that physician has a reciprocal, temporary out-of-state, or special purpose license. However, some outof-state physicians were reluctant to obtain such a license due to time and expense. Therefore, a person, in order to continue health treatment originally provided by another state, had to find a licensed Texas physician to order a home health agency to provide the treatment. Some home health agencies, however, were reluctant to take responsibility for someone who was not a regular patient of the in-state physician. H.B. 3083 provides an exemption from the Medical Practice Act to allow licensed home and community support services agencies in Texas to accept orders for care from a physician located in a state bordering Texas who is the treating physician of a patient. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3.06(i), Article 4495b, V.T.C.S. (Medical Practice Act), to include among the exemptions from this subsection (relating to regulation of the practice of medicine in this state), the acts of a physician from a bordering state who is the treating physician of a patient and orders certain home health or hospice services from a specified agency for a resident of this state. Makes a conforming change. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.